Hello, my name is Joseph, a friend of HeisGoodalways. Here is my situation. I began working a job in sales for a certain company, selling a certain product. Every time I lined up a buyer, we signed a contract, then they would have about 60 days to pay. While I worked there, my boss paid me my commission (so at least I have a history of payment) by check under the table (no taxes taken out). As soon as I quit, there was still $1100 outstanding he owed me. This was four months ago. I have not recieved any payment, he has told me several of my cients have been delinquint in their accounts. Those that did pay since I left, he said he sent the money to our Payroll company to help me pay a tax bill. He sent away almost $700, and then he told me that $700 did not cover the taxes (I only made $2300 cash from in the four months I worked for him...)
I am trying to figure what to do. I do not have any money to take him to court, I have all records of this: copies of the contacts, the checks he gave me, receipts of my transactions... Another issue is that this guy professes to be Christian (I know his fruit does not indicate that, but who am I to judge?), and I do not wish to drag a fellow brother to court. If anyone has any advice for me, it would be highly appreciated. I live in California if anyone should know the tax laws...
Tell him to pay before the end of the week or you go to the Better Business Bureau and the State Attorney General's office. He should pay up quick.
__________________ "give me a kiss to build a dream on and my imagination will thrive upon that kiss... sweetheart I ask no more than this... a kiss to build a dream on"
The thing is you had no real job security. I do think you took a loss. Lesson learned. Try the BBB but they have alot of stipulations,could backfire on you. Antime you start a sales job with a company that isn't run by overhead call the BBB first.
Nikkipompom is pretty much right. There are so many issues to be considered here.
So many Christians are ruled by worldly greed and selfishness that they throw out their 'Christian principles' when faced with a financial loss. Yes, he may have suffered loss becuse of the customers not paying, and that's sad, but that is part of being in business and is no reason for not paying you for doing your job. I assume you were employed to make sales, not to check out customers' finances and collect payments too?
Did you have an employment contract? Such eventualities should be covered in a proper employment contract. If so you need to examine carefully the terms of the contract. If the contract states that your commission can be 'clawed back' if a customer defaults on payment, then you have no case. If he stated something along these lines verbally, then you may also be limited in pursuing him for the money.
If you do not have a contract (and so many 'Christians' avoid contracts, claiming 'we are Christians, we will always do the right thing, don't worry') then your options are limited. If he was paying you 'under the table' then it doesn't sound good. It is illegal to employ people in this way.
Sounds like he is changing the rules to suit himself as things progress. I wouldn't think he is very ethical in that case, and his 'Christianity' is likely pretty shallow. (Never mind, I have worked for supposed Christian 'leaders' who were nothing but crooks with a nice personality!)
There are laws regarding proper conduct for employers, but to go down the legal track could be time consuming and costly. Seeking general advice from the BBB or similar could be a start. Do you have a free public legal advice service in your state? Contacting a law firm to find out could be a good start.
If there is no contract and you are reluctant to deal with it legally, then you need to appeal to him on the basis of 'fairness'. You did you job and he accepted the sales from the customers. He is the one who should take the loss, not you.
If he does not respond in a 'Christian' manner, ask for an appointment for he and you, his pastor and your pastor to get together for a conference on the basis that you will both accept the outcome of the meeting. If he refuses, see your pastor about it and possibly write a letter to his pastor (according to Matt 18:15-17). If nothing satisfactory comes of this then you are justified in treating him as an unbeliever (with love, but not trust).
Main principle - everything you discuss with him about this issue put in writing. (And even better POST it registered mail to him, so you have a provable record of communication). And ask him to respond in writing as well.
In the end, you may still have to 'eat' the loss and learn a valuable lesson in being a bit more dilligent about your terms of employment in future jobs.
__________________
Psa 2:1 Why do the nations plot, and why do their people make useless plans?
Mat 16:6
And Jesus said to them, Take heed, and beware the leaven (lies) of the Pharisees (law makers) and of the Sadducees (ruling classes).
Last edited by whereisthetruth; 10th October 2009 at 04:50 PM.
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